Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, December 3, 2007

The stem-cell discovery: A resolution, or a new debate?

As everyone not living under a rock now knows, researchers have managed to reprogram human skin cells and make them "pluripotent."  The discovery of these "induced pluripotent state" (iPS) cells is, I gather, huge.  It has, my law-and-science colleage, O. Carter Snead, observed,  "solved one of the most vexed issues at the intersection of science, ethics and public policy."

“The nation was morally and politically divided on the proper role of the government in regulating human embryonic stem cell research,” Snead said.  “Now, researchers have developed the means to pursue their scientific goals in a manner that is both scientifically superior to prior approaches and ethically acceptable to all sides of what seemed to be an intractable debate about scientific freedom, the goal of alleviating suffering, and respect for human life. Their work is a model of ethical scientific research for a morally pluralistic society.”

In two recent posts, though -- one at Concurring Opinions and one at Balkinization -- Prof. Russell Korobkin seems not to agree.

Continue reading

Lethal Injections from Both Sides Now

My brother sent me this, from James Taranto, WSJ OpinionJournal.  I liked the irony.

Death With Dignity
The New York Times reports on an effort in Washington state to legalize physician-assisted suicide via ballot measure:

The [proposed] law would let doctors prescribe lethal doses of narcotics to terminally ill patients who ask to end their own lives. It would be modeled closely on a statute in Oregon, the only state where the movement has been successful.

This may be a solution to another problem, on which the Times reported in October:

Moments before a Mississippi prisoner was scheduled to die by lethal injection, the Supreme Court granted him a stay of execution on Tuesday evening and thus gave a nearly indisputable indication that a majority intends to block all executions until the court decides a lethal injection case from Kentucky next spring. . . .

While there is no schedule for that review, it will almost surely not take place until the court decides the Kentucky case, Baze v. Rees, which will be argued in January. The issue in that case is not the constitutionality of lethal injection as such, but rather a more procedural question: how judges should evaluate claims that the particular combination of drugs used to bring about death causes suffering that amounts to cruel and unusual punishment, in violation of the Eighth Amendment.

Why not just execute murderers using the Oregon assisted-suicide drug combo, which has been established to be compassionate?

"Catholic Concerns", cont'd

Thanks to Michael for posting Martin Marty's recent "Sightings" essay, "Catholic Concerns."  Marty asks, among other things, "why care?" about the crisis some perceive for American Catholicism.  A few months ago, in a similar vein, I wrote:

In and around our nation's big cities, hundreds of Catholic parishes, schools and hospitals are consolidating and closing. Many of these institutions have long provided the foundation — as well as provided for the faith — of urban neighborhoods and immigrant communities. . . .

Why should we care?

For starters, urban Catholic schools and their teachers do heroic work in providing education, hope, safety, opportunity and values to vulnerable and marginalized children of all religions, ethnicities and backgrounds. Similarly, Catholic hospitals have long cared for underserved and disadvantaged people in both urban and rural areas, and helped to fill glaring gaps in the availability of health care. It is too easy to take for granted these and similar contributions to the common good. We should remember that, as these institutions fold, the burdens on and challenges to public ones will increase.

We might also care about the closings for slightly more abstract but no less important reasons. In a nutshell: It is important to a free society that non-government institutions thrive. Such institutions enrich and diversify what we call "civil society." They are like bridges and buffers that mediate between the individual and the state. They are the necessary infrastructure for communities and relationships in which loyalties and values are formed and passed on and where persons develop and flourish.

Catholics and non-Catholics alike can appreciate the crucial role that these increasingly vulnerable "mediating associations" play in the lives of our cities. Harvard University Professor Robert Putnam and others have emphasized the importance of "social capital," both to the health of political communities and to the development of engaged citizens. In America's cities, it has long been true that neighborhood churches and schools have provided and nurtured this social capital by serving as places where connections and bonds of trust are formed and strengthened. As Joel Kotkin writes in his recent book, The City: A Global History, healthy cities are and must be "sacred, safe and busy." If he is right, Catholic parishes, schools and hospitals help make America's cities great. . . .

Any MOJ-Bloggers or -Readers for Rudy?

Click here and then watch the YouTube video.  (Thanks, Eduardo.)

From JFK to Romney

[This is lifted from the NYTimes online blog "The Caucus".]

Mitt Romney

Mitt Romney will deliver a speech entitled “Faith in America,” addressing his Mormon religion, on Thursday at the George H.W. Bush Presidential Library in College Station, Tex.

His campaign is describing the address as an opportunity for Mr. Romney to “share his views on religious liberty, the grand tradition religious tolerance has played in the progress of our nation and how the governor’s own faith would inform his presidency if he were elected.”

Mr. Romney personally made the decision to give the speech last week, feeling it was the right moment to do so, his advisers said. After he decided he would make it, the campaign consulted with former President Bush’s library, which invited him to deliver it there.

Suspicions about his Mormon beliefs, which many conservative Christians consider to be heretical, have dogged Mr. Romney’s candidacy since it began, with many polls showing large numbers of Americans would not vote for a Mormon presidential candidate.

Mr. Romney had resisted delivering a speech dedicated to his faith up to this point, choosing instead to address questions about his beliefs when they came up from audience members and reporters.

But many, including evangelical supporters, have long urged him to address the questions head on and deliver an address modeled after the one John F. Kennedy delivered about his Catholicism to a gathering of Southern Baptist ministers in Houston in 1960 that many credit with defusing questions about his faith.

[To read the rest, and readers' comments, click here.]

CATHOLIC CONCERNS

Sightings  12/3/07

Catholic Concerns
-- Martin E. Marty

Paul Stanosz, a sociologist and priest in the Archdiocese of Milwaukee, speaks of difficult times:  "It's been a rough year…where I have been a priest since 1984.  Recently the Archdiocese announced the closing of the academic program at its 151-year-old seminary.  Its central offices…are for sale to pay clergy sexual-abuse claims, and bankruptcy looms."  Milwaukee is not alone in travail.

Stanosz is not a ranting leftist critic, but, as a consultant on matters of priestly morale, an empathic servant of the Archdiocese.  More close-up visions from him:  "Among priests, meanwhile, there is much talk of high stress, poor health, and low morale.  More and more are battling burnout and depression as well as suffering heart attacks and dying prematurely.  Two have committed suicide."  Not all is well in the parishes:  "The steep decline in religiosity among Catholic youth is also evidence of an acute crisis."  The editors of Commonweal, the Catholic magazine in which Stanosz's comments appeared on November 23rd, lifted out one sentence and made a bold subhead of it:  "Roman Catholicism in the next two decades will almost certainly face the sort of enormous decline that mainline Protestant denominations suffered in the 1960s."  On many levels, according to a variety of sociological accounts in the same Commonweal, it already has.  [Click here to see Stanosz's Commonweal piece.]

Why care, in a column chartered by a Center which focuses on "public religion?"  One can care personally:  I've had familiarity with and emotional ties to the Milwaukee scene for sixty-five (sixty-five!) years, since we Lutheran kids debated Jesuit high-schoolers.  I've benefited from the later ministries of two former archbishops, remain an admiring friend of another and have had a few pleasant exchanges with the current leader.  I can see the glow of Milwaukee and other lakeshore cities from my high-rise window in Chicago.  Yes, I care.

Others would care, since the Catholic one-fourth of America remains enormous, weighty, and in some ways—especially on the lay front—vital.  The church cannot deliver or block votes from post-bloc Catholics in politics, but politicians find reasons to court post-modern Catholic movements and causes.  One could go on and on.  Fellow Christians in the various Protestant ranks and flanks have not lunged in a spirit of Schadenfreude, joy in someone else's misfortunes, or triumphally, as if they were above the crises.  Protestant commentators have been almost silent about the "clerical abuse crisis," also because of other kinds of clerical shortcomings among them.

No, their mood is elegiac.  So are most of the Catholic authors in this issue of Commonweal:  They review sociological analyses pointing to dimensions of the crisis and they notice and complain about the growing schism across the generations, posing the "JPII" younger harder-liners versus the more moderate "Vatican II" seniors.  The editors are concerned about the encouragement given to clerical forces that distance themselves from and put down the laity.  Just enough of the contributors find glimmers of hope.  Even Father Stanosz does not let himself be done in, but notes that "the problems are embodied in the worn, torn, aging, and overweight colleagues I observed" at a recent assembly.  The greatest threat to their "well-being is denial."  Post-denial, are there reasons for new hope?

[Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.]

Sunday, December 2, 2007

"Church and State: Separation Anxiety"

(Self-promotion alert). 

Former CBS News anchor Dan Rather will host a panel discussion on "Church and State: Separation Anxiety" at 6 p.m. Saturday, Dec. 8, in the Rockefeller College Common Room.  The event will be taped for broadcasting on "Dan Rather Reports," his program on the HDNet television network. It is open to the public, but tickets are required. Doors will open at 5 p.m., and final seating is at 5:30 p.m. The panelists will discuss the history of the religion clauses of the First Amendment and give their opinions about how government should interact with religion. The panelists are:

• Christopher Eisgruber, University provost and the Laurance S. Rockefeller Professor of Public Affairs in the Woodrow Wilson School and the University Center for Human Values. Eisgruber is the co-author, with Lawrence Sager, of "Religious Freedom and the Constitution." 

• Richard Garnett, associate professor at the University of Notre Dame Law School. Garnett teaches courses in criminal and constitutional law and served as a clerk to former Supreme Court Chief Justice William Rehnquist.

• Holly Hollman, general counsel for the Baptist Joint Committee, an organization serving 14 Baptist denominations that advocates free exercise of religion and minimal state connection to religious institutions.

• Michael McConnell, a judge on the U.S. Court of Appeals for the 10th Circuit and one of the country's foremost constitutional law scholars.

Tickets for students, faculty and staff with Princeton University ID cards will be available starting Monday, Dec. 3, at the Frist Campus Center ticket office. The office is open weekdays from noon to 6 p.m. Campus community members may bring up to two PUIDs, but can only pick up one ticket per PUID. Tickets for the general public, with a limit of two per person, will be available from noon to 2 p.m. Thursday, Dec. 6, at the Richardson Auditorium box office while quantities last. The discussion is sponsored by the Woodrow Wilson School of Public and International Affairs, the Program in Law and Public Affairs, the University Center for Human Values, the Center for the Study of Religion and the Department of Religion.

More information here.

Government Role in Promoting Development

MOJ-friend Robby George sent the following observation in response to my post about the impact of the Malawi government's decision to subsidize fertilizer and seeds to its struggling farmers:

"I think the comments you posted on MoJ this morning concerning the positive role government assistance and foreign aid can play in promoting development are right on the mark, as is the pointed question you raise at the end.  Inept government policies in this area and others have given libertarian ideology an unjustified plausibility.  Government, when it recognizes that its role is subsidiary, not primary, and when it respects the principles of local autonomy, family authority, and personal responsibility, can be part of the solution.  (Otherwise, of course, government worsens the problems it proposes to solve, and leaves our libertarian friends in the position to say "we told you so")."

Feeding the Poor in Malawi

We've debated the role of the government in addressing various social ills.  There is good reason to be skeptical of government handouts that merely reinforce the cycle of poverty by allowing people to remain reliant on further handouts.  However, not all government aid is created equal.

The New York Times today contains a front-page story on what has been described as an "extraordinary turnaround" in Malawi, which has experienced a sharp reduction in actue child hunger and is actually exporting food to other nations rather than begging others for food.  What did its government do to help effectuate this turnaround?  Ignoring the advice of the World Bank and the U.S. Agency for International Development, the government of Malawi made a decision to subsidize fertilizer and seed to its population.

The government of Malawi had long favored subsidies for fertilizer, recognizing that its "impoverished farmers could not afford to let their land lie fallow or to fertilize it," with the result that  "their depleted plots yielded less food and the farmers fell deeper into poverty."  Nonetheless, Malawi failed to provide such subsidies in the recent past, "acceed[ing] to donor prescriptions, often shaped by foreign-aid fashions in Washington, that featured a faith in private markets and an antipathy to government intervention."  The AID has been a strong promoter of the role of the private sector in delivering fertilizer and seed and has been concerned that subsidies would undermine that effect.  The government finally decided it could no longer give in to donor wishes.

Clearly leaving things to market forces didn't work.  Equally clearly, the subsidized fertilizer is having a dramatic positive effect - not only can do people now have enough food to feed themselves, but they have food to sell to other countries.  Are government subsidies perfect?  Probably not, and doubtless there is some displacement of commercial fertilizer sales.  But government programs aimed at helping people become self-sufficient are a different matter than those that simply hand someone a bowl of food.

As a side note, what does it say that the U.S. has shipped $147 million of American food to Malawi since 2002, but has only contributed $53 million to help Malawi grow its own food?

Friday, November 30, 2007

R. George on law and culture

In recent days, a number of us have been discussing the contraception-subsidy proposal, which Michael P. called to our attention.  And, our examination of this proposal has touched on, among other things, the law-culture-conduct dynamic.  On this matter, MOJ-friend Robby George sends in the following for our consideration:

Crimes involving the use of date rape drugs are increasingly common on campuses and elsewhere.  The overwhelming majority of such crimes are committed by men on women.  Evidently, the drugs are widely available and easily obtained.  There doesn't seem to be much that can be done to prevent men who want the drugs from obtaining and using them.

Rape is in itself a horrible crime--always and everywhere.  It is, in my opinion, an intrinsically--and gravely--evil act. Where date rape drugs are used, the offense has additional dimensions.  Often the drugs are themselves harmful and dangerous.  Victims can suffer lasting injuries and even die as a result of ingesting the drugs.

Now, imagine that a date rape drug is synthesized which is just as effective as the ones sold on the street, but (in itself) considerably less dangerous to victims.  The risk of injury and death is substantially lower.  The cost, however, is higher.

How should we respond to a proposal to make the new, safer drug available through the University Health Center on a subsidized and confidential basis?  (Let us stipulate that there is no legal impediment to doing so.  Imagine that the drug is sometimes legitimately distributed over the counter as a "sleep aid.")  The argument is that, though we don't want to encourage date rape and the use of date rape drugs, we need to be realistic.  Date rape happens and will continue to happen despite our ongoing efforts to discourage it; date rape drugs are going to be used; we are not going to be able to turn back the clock and makes these drugs cease to exist.  Let's at least lessen the potential harm to women who are victimized.

Speaking for myself, I would firmly say no to this proposal.  But, then, I am a moral conservative.  I don't think we should subsidize and facilitate immoral behavior, even for the sake of preventing injuries and deaths a certain number of which will surely occur as a result of date rapists using unsafe drugs instead of the safer drugs they would have been using had we subsidized them and made them available.

What I don't know is whether liberals would agree with me as to whether the proposal should be rejected.  My sense is that most liberals do not share the general principle on the basis of which I myself would reject the proposal.  But, perhaps other grounds are available to them for rejecting it.  I don't think they would want to say that by subsidizing and distributing safer date rape drugs we are tacitly approving date rape.  They might, however, say that the policy of subsidizing and distributing the drugs would result in more date rape by contributing to a cultural climate in which date rape comes to be regarded by potential perpetrators as acceptable conduct.  But, then, liberals generally don't reason this way about, say, promiscuity when considering whether to subsidize and distribute contraceptives on campus.  Most liberals I talk with seem to believe that the policy of distributing birth control pills, placing condoms in jars in student lounges, etc. doesn't affect students' beliefs about sexual morality or alter their conduct.  The amount of promiscuous sex will remain the same, they say, whether or not condoms are subsidized and distributed; the only difference is whether the sex will result in unwanted pregnancies and venereal diseases that might have been prevented had condoms been used.

In any event, let's assume, just to test the principle, that we have reliable studies to show that easy access to cheap safer date rape drugs does not increase the number of date rapes in general or the number of date rapes in which date rape drugs are used.  It does not turn non-rapists into rapists.  The rate of date rape snd the use of date rate drugs will remain the same.  The only difference will be that victims will have a lower incidence of injury and death from the drugs themselves.

On this assumption, what is the correct answer from the liberal point of view?  Should a University Health Center subsidize and distribute the safer date rape drugs or not?